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LYON v. KANSAS CITY FIRE & MARINE INS. CO.

No. 39,311

176 Kan. 411 (1954)

271 P.2d 291

OSCAR LYON and DALE LYON, Individually and as Partners doing business as SALINA COFFEE HOUSE, Appellants, v. KANSAS CITY FIRE AND MARINE INSURANCE COMPANY, a corporation, Appellee.

Supreme Court of Kansas.

Opinion filed June 12, 1954.

Attorney(s) appearing for the Case

John I. Young, of Salina, argued the cause, and Horace A. Santry, of Salina, was with him on the briefs for the appellants.

John Q. Royce, of Salina, argued the cause, and LaRue Royce, E.S. Hampton, H.H. Dunham, Jr., H.G. Engleman, and C. Stanley Nelson, all of Salina, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

Plaintiffs, Oscar Lyon and Dale Lyon, doing business as the Salina Coffee House, instituted an action on an insurance policy to recover for the loss of an automobile on the theory it was lost by theft. Judgment was for the defendant insurer and plaintiffs appeal.

In view of this court's conclusions it is deemed unnecessary to narrate the testimony of the...

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